...demurrer. It is a distinct ground of demurrer under the Code, that the counter-claim does not disclose a cause of action arising out of the contract or transaction...set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action (Sec. 495, subd. 4; sec. 501, subd. 1)....

...cause of acfinn, recoupment or equity arising out of the several contracts or transactions set fortli in the complaint, " as the foundation of the plaintiff's...claim, or connected with the subject of the action," for the assignor's imputed official misconduct is a matter altogether distinct and separate from his...

...whom a several judgment might be had ta the action, and arising out of one of the following causes of action : "(1) A cause of action arising out of the...contract, or transaction set forth in the complaint, u the foundation of the plaintiffs claim ; (2) Ь an action arising on contract, any other cause of...

...and against the plaintiff and arising out of tbe contract or transaction set forth in the petition as the foundation of the plaintiff's claim or connected with the subject of tbe action or on account of the wrongful attachment or garnishment issued and levied In said action...

...judgment might be had in this action, and arising out of the transaction set forth in the complaint as a foundation of the plaintiff's claim, or connected with the subject of the action, and prove the fact on the trial; but the matter setup and sought to be proven is clearly not a counter-claim,...

...when the action commenced. * * * If the motion was for leave to interpose an equitable counter-claim arising out of the contract or transaction set forth in the complaint since the commencement of the action, then perhaps a different question would be presented. It might...

...when the action commenced. * * * If the motion was for leave to interpose an equitable counter-claim arising out of the contract or transaction set forth in the complaint since the commencement of the action. then, perhaps, a different question would be presented. It might...

...of the character specified in section 501 of the Code of Civil Procedure (a) in that it sets forth a cause of action arising out of the contract or transaction...claim, or connected with the subject of the action; or (b) in that it sets forth a cause of action on contract existing at the time of the commencement...

...reserved by the lease. The matter set up in the answer in either of the supposed cases would arise out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim. Code, § 501; Cook v. Soule, 56 NY 420. The taking and retaining of the demised premises by the lessee...

...might be had in the action, ami arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action." The account sued on was for lamps purchased at the advanced price fixed by the unlawful combination....